Our Principal, Mr Zemarai Khatiz, an experienced Criminal Defence Lawyer recently appeared at Fairfield Court for a client who had been charged with a Break and Enter. It was alleged that our client had broken into someone’s house and had stolen about $21,000 worth of jewelry from the premises. During the police investigation of the crime scene, a red stain was found, swabbed and forensically tested. The swab sample of the stain was placed in the New South Wales DNA data base and allegedly produced a match to our client who was in the system. Our client was unknown to the residents which suggested that the DNA found at the scene of the crime had no reason to be there. After multiple attempts to locate our client at his residential address, police eventually spotted our client, who was known to police during a night out. The police then attempted to arrest our client. It was alleged that our client ran from the police and was eventually detained.
Mr Khatiz appeared before Fairfield Local Court where the client pleaded not guilty to an offence of “Break and Enter”. The Court heard submissions from Mr Khatiz in relation to the evidence. The prosecution argued that the defendant’s blood was found in the house and the prosecution asserted that the defendant had broken the window and must have cut himself and as result there was a blood droplet inside the house. The prosecution produced an expert report to show that the DNA obtained from the blood had matched our clients DNA. Mr Khatiz successfully argued that this was a weak piece of evidence. We were able to persuade and convince the court that the client was not guilty of the offence. The charge was dismissed.
This was an outstanding result considering the seriousness and the maximum penalty of the offence as well as the forensic evidence relied on by police. If our client had been found guilty of this charge he would have been sentenced to imprisonment for a long time.
If you are arrested, charged or under investigation, it is crucial that you immediately contact our office and speak to our experienced criminal lawyers.
If you want to reach the best resolution, you’ll want Oxford Lawyers on the job. For immediate assistance, please contact Mr Zemarai Khatiz and the Oxford Lawyers team. Call us on 0478 821 383 – 24 hours a day, 7 days a week.